HomeMy WebLinkAboutO-1953-312 I
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR, CITY
MANAGER, AND CITY CLERK TO EXECUTE IN BE-
HALF OF THE CITY OF DANIA, FLORIDA, AN
AMENDMENT TO LEASE AGREEMENT BETWEEN
THE CITY OF DANIA, FLORIDA, AND EDWARD H.
NOYES AND ZELLA C. NOYES, CHANGING CERTAIN
TERMS AND CONDITIONS CONTAINED IN THAT
CERTAIN LEASE AGREEMENT DATED SEPTEMBER
17, 1951.
WHEREAS, the City of Dania, Florida, and John W. Hanley
entered into a certain lease agreement dated September 17, 1951, said
lease being adopted by Ordinance No. of the City of Dania, Florida;
and,
WHEREAS, the said John W. Hanley did assign his interest in
and to said lease agreement +- 'award H. Noyes and Zella C. Noyes, said
assignment having been approved by the City of Dania in its Resolution No.
; and,
WHEREAS, the City of Dania and the said Edward H. Noyes
and Zella C. Noyes desire to change certain terms and conditions contained
in said original lease agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM-
MISSION OF THE CITY OF DANIA, FLORIDA:
Section 1: That the Mayor, City Manager, and City Clerk, be
and they are hereby authorized to execute an Amendment to Lease Agreement
in behalf of the City of Dania, Florida, as Lessor, and with Edward H. Noyes
and Zella C. Noyes, as Lessees, a copy of which Amendment to Lease
Agreement is attached hereto and made a part hereof.
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Section 2: That the Amendment to Lease Agreement between
the City of Dania, Florida, and Edward H. Noyes and Zella C. Noyes, shall
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be construed as an amendment to the said lease agreement dated
September 17, 1951.
Section 3: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed to the extent of such conflict.
Section 4: This ordinance shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED on First reading this day
SeP'r' FM13ER.
of fir, A. D. 1953.
PASSED AND ADOPTED on Second reading this day of
��� 1,PanJ A. D. 1953.
PASSED AND ADOPTED on Third reading this / Q day of
A. D. 1953.
'Mayor
ATTEST:
City C rk and Auditor
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ThL Amendment to Lease -�greement, entered into this
day of l (. , � t A. D. 19539 by and between the CI17 OF D ZU!Ms
a municipal corporation under the laws of the State of Florida, hereinafter
called "Lessor". and ED'V ARD H. NOy'FS and ZELLA C. NOYES, husband
and wife, hereinafter called "Lessees", .,rlTNESS ETH:
i HETRE/,;S, a certain tease agreement dated September 17, 1951,
was entered into by and between the Lessor and John Vl. Hanlay, said leave
being adopted by Ordinance No. of the City of Dania, Florida; and,
vjM&AS, the said Jahn `,:'. Hanley did assign his interest in
and to said lease agreement to the i essee herein, said assignment having
been approved by the City of Dania in its Resolution No. : and,
v4HERE11S, it appears mutually desirable to modify the terms
of said lease;
NOW, THEREFORE, rr IS MMT1TU.°ILLY AGREED9 AS -P LLI.,Oti;+'S:
That Paragraph 11, page 6, of the aforesaid lease agreement
be and the same hereby is amended so as to hereafter read, as follows:
"Lessee further covenants to use the premises solely for the
rental of boats, motors, bait, fishing equipment or other
sundry supplies incidental to the convenience of small 1x)at
operators,FT but excluding the rental of any space, and as an
aquarium.
II.
That an additional paragraph shall be added to the aforesaid
lease agreement and entitled Para franh 14 and construed as being found
on page 14, said paragraph to be, as follovas:
14. That anything contained in the aforesaid lease to the
contrary notwithstanding, uron default of the Lessees of any
covenant contained in said lease by the Lessees to be per-
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for; ,3d, tM Le:ssaws, shall havo z frrar '> 1>oTSUu �f 12ittety
W) days from the date notice is mailad to them by the
Lessor, in which tine to cure said &fault, and if said
Lessees sh:'.l not curt; zald default lvithLi said time, then
the Lessor shall ba entitled to all r o-medies provided In
said lease o.q .anent.
M VMIEMI�' i'V'R21111,C `', Lessor has caused this Instrument
to be executed in its name by Its :''.,.ayor, City ?,Manager, and its offieW
seal to be hereto affixed, attested by the City Cier'�, pursuant to authority
of Ordinance No. of the City of Dania., and Lessees have hereunto
set their hands and seals this day and year first above written,
This agreement has been executed in three: (3) counterparts,
and each counterpart is and shall have; the affect of the original.
CITY Ox�' D�L!"NIA
ATTEST:
By: (SEAL)
City C r1��w� �`2�� —` City Manager
Signed, Sealed and Delivered
In the Presence of:
As to Lessor
S'EAL)
i;D 1J.yRll H. I�'GY��S
(SEAL)
As to Lessees ZELLA C. 40 ,"S
„ « +
Ll;vut;�.�)
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K.•a.'r : L _Y
of the City of Hollyy,`:ocd , County of broward ::nd State of Florida.,
for and in consMeration of the sum of 'TLN (:,10.��0) iJLLt (ino and
other valuable considers .:ion to me _. M by sh—dd) ii. huY-S and
ZsLi 's C. iiCYLS, his wife, h °ve sold and do by these presents
j assign, transfer and set over unto ,1NARD 1i. RUMS and Z: LLiv C.
hLY�S, his seise, a. certain Iwase dated the seventeenth day of
Se,.tember, 1951, made by the City of Dania , a. municipality in
broward County, Florida , to the said JOHN :.a:i:� of the follow-
ing ,remises :
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All that pert of bloc Two aundred ` Tree (203) ,
HCL;_Y'•,Coll Ci�i;i'111L 1 �C according to the Plat
thereof recorded in Y1_°.t hock 4, page 20 , of
the public records of rorJard County, Florida,
lying West of Ocean Drive , less the 1uorth
Seventy-five feet (1� 751 ) of said block 263.
1 TcGETI-isR with right of ingress and egress over
and upon th t portion of the South 'Twenty-five
feet (S 251 ) of the 1orth Seventy-five feet
(Pi 75' ) of said block 203, Hollywood Central
Beach, lying East of Ccean Drive, over thich
twenty-five feet (251 ) Lessee shill construct
a rock road as a part of tV consideration for
this lease .
With all and singular, the Premises therein mentioned wnd described,
and all of the buildings and i rii:rove-nents incluciing bulkheading
and docks ti:ereon tc •ether with all equip ent .
F To Have ::-nd To :fold the same unto the said LLu« a d.
i=CY�S and ZELL:. C. 1i�`i.sS, his wife, and their assi_-ns, from the
20th day of Se;;ternber, 1953, for and dur:inL• all ti,_ rest ..nd
remainder yet to come of and in the term endin0; September V, 1960,
mentioned in said 14ase, subject to t .e rents , covenants ".;d con-
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diticns contained in said le-
ase .
And the said tC'_ ii.u:lal represents tint he is t'Ke
legal and 1�wfui owner of said le se , tih t he h::s Tcod ri-p;1t to
sell sold lease and assign S80 lease , Md th3t tile: sene . s not
heretofore been sold, essignQd or transferred uV him t0 any person
or persons ; :and that Ge same his not been encumbered in anywise
or in any manner or :.nuns for any sum Or sums Of money whatsoever;
and that he has lamful and le Al right to sell ncl assign the same ,
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free , clear and unencumborod ;
_ Y� . Li.i 't 1i(!l� J..��_� aJJ �..
� i�n�d r;rcmises
'3r•a ncrl free . : d, c1o_:r of al
l cl rOS _.ud encumbrances , :;rants ,
liens '"d wc �SS[::ent.s ''.i7'_.tscever ;,...,de or Suffered bY SaidIti ,
J�E , t, c
g Q 1 V ' hereunto Set My Mnd i.'nd S`�•al �.
this d y Of September, 196, ,
,YI'il':uoJ:
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CLb:,TY
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tersonally be o.
:.- t: e unde.r :i: ned autnority, 0.yearad
3 to me call i
Mn -,M Warn to me to be the in-
dividual described in Hnd who ........ tel: fCregO1nF a.SS1= niil"nt,
and he aclmc;'ae`u�n_ c_� "d before e
me that he e.` ncuted t e sc; e' ��� freely
and voluntarily MY the purlose t'_arein expressed .
7IYil ,;� my hHrd and offici :l Seel atd1��0'""" Count
I y of
'toward Flor
nd State of i
da, this ;Qjday of Se_tembar, 1852, I
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Notary Public, State of Florido at large
.
My commis:ion expires Nov. I7, 1956.
Bonded by American Surety Co, of N. Y.
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y ; e the under.s�.g n,:,� ;its of Lnia _1� reLy consorts to the
above 4nd fcrego_n- :.ssi nxvnt cf_o se by JL`, .. . H 11al to
i.(,'Y-3 and ..sh1,14 (.;. Ji,Y ,S, his wire, es in said assignment ,
set fortu, for t l covinaer . i nz term in snin lonsn lot ,pwrtn; �
Subject to ; ?yment iL: rents reserved and the ;:i3rfo.rOnnce as
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observance of the covenants , conditions -gnu containad
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in the -,ai(1 in:'antuu'e c,f le,,se .
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u, Ci].'ii 131 ii'{nh_L.d th'S9 nesents TI�±Vr b m,�? signed
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in the n9mo of the Sty of Dania by its Lawfully and regularly
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constituted , cuthurities .and empowered offici.nis .
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iP.:ay or
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City Lanage.r
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Attest :
Wity Clerlc
sealed and delivered
in the presence of:
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